Common use of Other Dilutive Events Clause in Contracts

Other Dilutive Events. In case any event shall occur as to which the provisions of Section 11 are not strictly applicable but failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principles of such actions, then, in each such case, the Company shall appoint a firm of independent certified public accountants of recognized national standing (such firm to be subject to the approval of the Holder), which shall give their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in this Section 11, necessary to preserve, without dilution, the purchase rights represented by this Warrant. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder and shall make the adjustments described therein.

Appears in 8 contracts

Samples: MHR Capital Partners Master Account LP, NationsHealth, Inc., NationsHealth, Inc.

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Other Dilutive Events. In case any event shall occur as to which the provisions of Section 11 7.1 are not strictly applicable but the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant Agreement in accordance with the essential intent and principles of such actionssection, then, in each such case, the Company shall appoint a firm of independent certified public accountants of recognized national standing (such firm to which may be subject to the approval regular auditors of the HolderCompany), which shall give their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in this Section 117.1 hereto, necessary to preserve, without dilution, the purchase rights represented by this each Warrant. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder of each Warrant and shall make the adjustments described therein.

Appears in 2 contracts

Samples: Common Stock Warrant Acquisition Agreement (Donaldson Lufkin & Jenrette Inc /Ny/), Common Stock Warrant Acquisition Agreement (Lee Thomas H Equity Fund Iii L P)

Other Dilutive Events. In case any event shall occur as to which the provisions of Section 11 7 are not strictly applicable but the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant Agreement and the Warrants in accordance with the essential intent and principles of such actionsSection 7, then, in each such case, the Company shall appoint a firm of independent certified public accountants of recognized national standing (such firm to which may be subject to the approval regular auditors of the HolderCompany), which shall give their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in this Section 117, necessary to preserve, without dilution, the purchase rights represented by this WarrantAgreement and the Warrants. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder of the Warrants and shall make the adjustments described therein.

Appears in 1 contract

Samples: Warrant Agreement (Ribogene Inc / Ca/)

Other Dilutive Events. In case any event shall occur as to which the other provisions of this Section 11 6 are not strictly applicable strictly, but with respect to which the failure to make any adjustment would not protect fairly protect the purchase rights represented by this Warrant Option in accordance with the essential intent and principles of such actions, hereof then, in each such case, the Company shall appoint a firm of independent certified public accountants of recognized national standing (such firm to which may be subject to the approval regular auditors of the HolderCompany or Newco), which shall give their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in this Section 116, necessary to preserve, without dilution, the purchase rights represented by this WarrantOption. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder holder of this Option and shall make the adjustments described therein.

Appears in 1 contract

Samples: Rc Arbys Corp

Other Dilutive Events. In case any event shall occur as to which the provisions of this Section 11 7 are not strictly applicable but the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant Agreement in accordance with the essential intent and principles of such actionsSection, then, in each such case, the Company shall appoint a firm of independent certified public accountants of recognized national standing (such firm to which may be subject to the approval regular auditors of the HolderCompany), which shall give their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in this Section 117, necessary to preserve, without dilution, the purchase rights represented by this each Warrant. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder of each Warrant and shall make the adjustments described therein.

Appears in 1 contract

Samples: Warrant Agreement (Lynx Ventures Lp)

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Other Dilutive Events. In case any event shall occur as to which the provisions of Section 11 8 are not strictly applicable but the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant Agreement and the Warrants in accordance with the essential intent and principles of such actionsSection 8, then, in each such case, the Company shall appoint a firm of independent certified public accountants of recognized national standing (such firm to which may be subject to the approval regular auditors of the HolderCompany), which shall give their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in this Section 118, necessary to preserve, without dilution, the purchase rights represented by this WarrantAgreement and the Warrants. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder of the Warrants and shall make the adjustments described therein.

Appears in 1 contract

Samples: Warrant Agreement (Iomed Inc)

Other Dilutive Events. In case any event shall occur --------------------- as to which the provisions of Section 11 7.1 are not strictly applicable but the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant Agreement in accordance with the essential intent and principles of such actionssection, then, in each such case, the Company shall appoint a firm of independent certified public accountants of recognized national standing (such firm to which may be subject to the approval regular auditors of the HolderCompany), which shall give their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in this Section 117.1 hereto, necessary to preserve, without dilution, the purchase rights represented by this each Warrant. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder of each Warrant and shall make the adjustments described therein.

Appears in 1 contract

Samples: Common Stock Warrant Acquisition Agreement (Merrill Lynch Kecalp L P 1997)

Other Dilutive Events. In case If any event corporate action shall occur as to which the provisions of this Section 11 9 are not strictly applicable but as to which the failure to make any adjustment would not fairly protect adversely affect the purchase rights or value represented by this Warrant the Warrants in accordance with the essential intent and principles of such actions, this Section 9 then, in each such case, the Company shall appoint a firm of independent certified public accountants of recognized national standing (such firm to which may be subject to the approval regular auditors of the Holder), which shall Company) to give their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in this Section 119, necessary to preserve, without dilution, the purchase rights represented by this WarrantWarrants. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder Holders and shall will make the adjustments described therein.

Appears in 1 contract

Samples: Warrant Agreement (Banque Paribas)

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